1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply products to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are A.G. Carrick Limited trading as ‘Highgrove’ a company registered in England and Wales. Our company registration number is 02258628 and our registered office is at The Orchard Rooms, Bath Road, Doughton, Tetbury, GL8 8TN. Our registered VAT number is GB 918 2964 92
2.2 How to contact us. You can contact us by writing to us at email@example.com.
2.3 How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
2.5 Your profile. If you choose to register with us to purchase items using our website, you are responsible for maintaining the confidentiality of your account username and password and for preventing unauthorised access to your profile. You agree to accept responsibility for all activities that occur under your account or password. Please take all necessary steps to ensure that the username and password is kept confidential and secure. Please inform us immediately if you have any reason to believe that your username and/or password has become known to anyone else, or are being, or are likely to be, used in an unauthorised manner. Please ensure the details you provide us with on registration are correct and complete and inform us immediately of any changes to those details (e.g. change of email or postal address). You can access and update your registration details using the login area of our website. We reserve the right to refuse access to the website, terminate accounts, remove, or edit content or cancel orders at our discretion. If we cancel an order, it will be without charge to you.
2.6 Children. We only sell items to adults (i.e., those aged 18 or over). If you are under 18, you may use our website only with the involvement of a parent or guardian. Some of the items available for purchase from this website contain alcohol. Pursuant to the Licensing Act 2003, it is an offence for any person under the age of 18 to buy alcohol, or for any person over the age of 18 to buy alcohol for or on behalf of any person under the age of 18. An adult will be required to sign for any delivery containing alcohol.
3. OUR CONTRACT WITH YOU
3.1 Your order. When you place an order to purchase products this is your offer by you to us to purchase those products.
3.2 How we will accept your order. Our acceptance of your order will take place when we email you to confirm that we have received your order, at which point a contract will come into existence between you and us.
3.3 If we cannot supply your order we may cancel. If we are unable to supply your order, we will contact you by email or telephone to offer you a replacement, later delivery or to cancel your order, this might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline. If we contact you and you request a replacement or a later delivery of the product you ordered, the contract between us will remain in force. If you request cancellation of the order or if we inform you by email that we must cancel your order, we will not charge you for the product.
3.4 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.5 Availability of items and substitution. Many of our items go through a long manufacturing process and are made from natural materials; consequently, nature can intervene to disrupt supplies. We always strive to make sure you are not disappointed but have to make clear that everything on our website is offered for sale subject to availability. If for any reason any item you ordered is no longer available, we will contact you using the contact details you supplied when placing your order and either offer you an alternative item of equivalent quality and price if this is possible or cancel the item from your order and give you a full refund in respect of that item. If we are unable to contact you or do not receive a response from you, we will process any remaining items on your order and refund you for the items we were unable to supply.
3.6 Orders for delivery outside the United Kingdom. Unless otherwise specified, the products on our website are directed solely at customers who access the website from the United Kingdom (i.e. the island of Great Britain and Northern Ireland, excluding the Channel Islands and Isle of Man). We do not represent or guarantee that any item referred to on our website is appropriate for use or available in locations outside the United Kingdom. If you choose to access this website from locations outside the United Kingdom you are responsible for compliance with all applicable local laws and regulations.
3.7 We cannot deliver Champagne and Wine outside the EU, USA and Canda. All other food and drink items are restricted to delivery addresses within the European Union. There may be exceptions to the advertised price.
3.8 If you order items for delivery outside the United Kingdom, they may be subject to import duties and taxes. These are levied once the items reach the specified destination. You will be responsible for any such import duties and taxes. We have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Please note that for items you order through our website you are considered the importer of record and must comply with all laws and regulations of the country in which the items are to be delivered. Please note that cross-border deliveries are subject to opening and inspection by customs authorities.
4. OUR PRODUCTS
4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. Some of our products are handmade and therefore although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our website may vary and are not guaranteed.
4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
5. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the product you have ordered, please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8- Your rights to end the contract). If you make a change and we incur additional delivery charges as a result, you will be charged for the additional delivery charges.
6. OUR RIGHTS TO MAKE CHANGES
6.1 Minor changes to the products. We may change the product:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to vary the dimensions, specifications and quantities of items displayed on our website.
7. PROVIDING THE PRODUCTS
7.1 Delivery costs. The costs of delivery will be as displayed to you on our website during the order process and are shown on our delivery information page.
7.2 When we will provide the products. We will deliver the products to you as soon as reasonably possible and in any event 14 working days (i.e. days which are Monday to Friday, excluding bank and public holidays) after the day on which we accept your order however for items which are made to order, we will contact you with an estimated delivery date If the products are not delivered within this time period, please contact Customer Services quoting the order number.
7.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.4 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to [rearrange delivery or collect the products from a local depot].
7.5 If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.
7.6 When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us. Delivery occurs when the items are delivered to the delivery address you specified when placing your order. Once we have delivered the items to you, you are responsible for subsequent loss, breakage or damage.
7.7 When you own goods. You own a product which is goods once we have received payment in full.
7.8 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you. If so, this will have been stated in the description of the products on our website. We will contact you by email to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information, we need within a reasonable time of us asking for it.
8. YOUR RIGHTS TO END THE CONTRACT
8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 8.2;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.3;
(c) If you have just changed your mind about the product, see clause 8.4. You may be able to get a refund if you are within the cooling-off period, but this only applies to deliveries made within the European Union, may be subject to deductions and you will have to pay the costs of return of any goods;
(d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.8.
8.2 If there is a problem with the product:
(a) How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can write to us at firstname.lastname@example.org.
(b) Your legal rights. We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights.
(c) Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please write to us at email@example.com for a return label or to arrange collection.
8.3 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6);
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control; or
(d) you have a legal right to end the contract because of something we have done wrong.
8.4 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online for delivery within the European Union you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.5 When you don't have the right to change your mind. You do not have a right to change your mind in respect of:
(a) customisable, bespoke or personalised items such as our personalised rocking horse and Willow sculptures;
(b) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
(c) products which are likely to deteriorate or expire rapidly or products containing such items such as hampers and gift boxes.
(d) sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them; and
(e) any products which become mixed inseparably with other items after their delivery.
8.6 How long do I have to change my mind? How long you have depends on how the products are is delivered. In general you have 14 days after the day you (or someone you nominate) receives the goods, unless:
(a) Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
(b) Your goods are for regular delivery over a set period). In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.
8.7 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately, and we will refund any sums paid by you for products not provided but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of your ending the contract.
9. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Email. Email us at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) By post. Print off the the following form and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
9.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods to us in person, post them back to us at A.G. CARRICK LIMITED, Unit 7, Warren Business Park, Knockdown, Nr Tetbury, Gloucestershire, GL8 8QY or (if they are not suitable for posting) allow us to collect them from you. Please email customer services at email@example.com for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
9.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the products are faulty or misdescribed;
(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
(c) if you are exercising your right to change your mind.
In all other circumstances you must pay the costs of return.
9.4 What we charge for collection (UK Mainland only). If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. We charge £9.90 for collection.
9.5 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.6 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered by next day delivery at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
9.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then if we have not offered to collect the products, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2.
10. OUR RIGHTS TO END THE CONTRACT
10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products,;
(b) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
11. PRICE AND PAYMENT
11.1 Where to find the price for the product. The price of the product and the price for delivery will be the price indicated on the order pages when you placed your order. The price includes VAT but excludes any customs duties or other local taxes which will be payable by you. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the product you order.
11.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
11.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
11.4 Prices displayed on the website apply to online purchases only. They are not indicative of the price of identical items purchased in our store or by any other means. We reserve the right to update prices displayed on the website from time to time.
11.5 When you must pay and how you must pay. You must make payment for products by credit or debit card or using Paypal, ShopPay or GooglePay. We accept most major credit and debit cards (Visa, MasterCard and Maestro). We regret that we cannot accept cheques, gift vouchers or cash as payment online. We will collect funds from you when we accept your order.
11.7 What to do if you think an invoice is wrong. If you think an invoice is wrong, please contact us promptly to let us know. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
11.8 Promotions. Vouchers cannot be used in conjunction with any other offer and cannot be exchanged for cash. All online and offline offers and promotions do not include Garden Tours, Champagne Tea Tours, Individual Garden Tours and other selected products. We reserve the right to cancel and refund any orders where promotions or offers have been discounted as part of a glitch or error.
12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process. The contract is formed at the point we send the order acceptance email and not before.
12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; and fit for any particular purpose made known to us; and for defective products under the Consumer Protection Act 1987.
12.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.4 Website information. While we use reasonable endeavours to ensure that the information on our website is accurate and up to date, we do not give any warranty as to its accuracy or completeness and we shall not be responsible for any errors or omissions or for the results arising from the use of such information.
13. HOW WE MAY USE YOUR PERSONAL INFORMATION
14. OTHER IMPORTANT TERMS
14.1 We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. [We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
14.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
14.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
14.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
A.G. Carrick Limited
Unit 7, Warren Business Park
Knockdown, Nr. Tetbury
The Orchard Rooms,
Registered in England.
Company No: 2258628
VAT Registration Number: GB 918 2964 92